A v B

Facts

A, a man now aged 63, met B, a woman now aged 45, while working in the City of London in the autumn of 1995; both were then unmarried, A having no children and B having a daughter, X, born in 1988. They began a sexual relationship in April 1996 and, while each kept a home, they cohabited for much of the time. B became pregnant in the autumn/winter of 1996 and her son, Y, was born on 8 August 1997. A believed himself to be Y's biological father and, from November 1996 until about August 2002, made payments to B and to third parties for Y's welfare, education and recreation. On 10 July 2002 A learnt through solicitors that B disputed his paternity; DNA testing showed he was not Y's biological father. A nonetheless pursued an application for contact with Y, which was heard by Mrs Justice Hogg in the Family Division and refused despite her acceptance of the evidence of the child psychiatrist Dr Berelowitz that A had the potential to be a positive father figure; the Court of Appeal dismissed A's appeal. Some months later A brought this claim in the Queen's Bench Division alleging deceit, contending that B had repeatedly represented — on approximately 130 occasions — that he was Y's father, and claiming general and special damages.